Lawmakers will attempt in 2025 to try again to address the ongoing controversy surrounding the preponderance of sexually explicit books in Alabama’s libraries.
After failing to gain passage in the 2024 legislative session, State Rep. Arnold Mooney (R-Indian Springs) has already pre-filed legislation for 2025 that would remove the state’s existing law exempting public and school libraries from existing obscenity laws.
Current law states, "It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for anything of pecuniary (monetary) value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal."
The state's obscenity laws do not apply to public libraries, public school libraries, college libraries, university libraries or their employees.
House Bill 4 (HB4) would provide that criminal obscenity laws do not apply to college or university libraries or their employees or agents but do apply to public libraries and public school libraries.
The bill would also add the following definition in the state’s existing code on “sexual conduct”:
“In K-12 public schools or public libraries where minors are expected and known to be present without parental presence or consent, any sexual or gender-oriented conduct, presentation, or activity that knowingly exposes a minor to a person who is dressed in sexually revealing, exaggerated, or provocative clothing or costumes, who is stripping, or who is engaged in lewd or lascivious dancing.”
The bill’s criminal penalties would only apply in cases where a librarian or school employee fails to address a valid complaint from a parent or resident within 15 business days.
For public and school libraries, a resident or parent may submit a form via certified mail when they believe a library book violates the bill’s provisions. In the case of a K-12 school, the letter must be sent to a local school superintendent and principal. For a public library, the letter must be sent to the library director and a library board member.
The school or public library must do one of the following within the 15-day limit:
· Move material identified in the notice that violates this division to an age-restricted area of the library.
· Remove material in the notice that violates this division from the library.
· Cease conduct in the notice that violates this division.
· Make an official determination that the material or conduct does not violate this division and take no further action.
The appropriate authority must also send a letter detailing the action taken to the parent or resident who filed the complaint.
If a parent or resident has not received notice within 25 business days of submitting a complaint, they may take any documentation to the applicable law enforcement agency in that municipality or county.
A court or grand jury may only issue a warrant or indictment for a violation after a law enforcement agency has received the documentation required by the bill.
The bill already has several prominent co-sponsors, including House Speaker Nathaniel Ledbetter (R-Rainsville) and House Minority Leader Scott Stadthagen (R-Hartselle).
Mooney carried virtually identical legislation during the 2024 session. However, the legislation stalled out during the gridlock caused by the debate over a statewide gambling proposal.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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